The Accidental Smallholder Forum
Smallholding => Crofting => Topic started by: RebelWaltz on April 21, 2016, 03:08:18 pm
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Hi, I hope someone can help with a query we have. If we were to buy a decrofted house and the croft and apportionment were purchased by another party would they be able to build a house on the apportionment or only on the croft itself?
Thanks
Glenn
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Both, planning permission permitting.
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Both, I think, assuming it's not a fixed term apportionment, which I assume no-one would try to build on:
"Any land apportioned from the common grazings for a crofters exclusive use is deemed to form part of their croft. If they later purchase their apportionment, they become owner of that part of the croft which forms the apportionment. If the apportionment is obtained by a shareholder who is not a crofter, they will acquire a tenancy right and the apportioned land will become a croft. If they later purchase the apportionment, they will become owner of the area deemed to be a croft. Some apportionments are granted for a fixed term. If these are purchased, the land may be returned back to the common grazings, at the end of the fixed term. In these cases, the owner would become the landowner of a portion of common grazings, to which shareholders would have grazings rights."
From: http://www.crofting.scotland.gov.uk/faq (http://www.crofting.scotland.gov.uk/faq)
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No wonder SCF is pressuring ScotGov to reform the crofting legislation ::)
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I know! I've got an apportionment on the crofts I just bought, which forms the front garden of the house - about to try and decroft it as part of the house site, so that's going to be fun and games...
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Once you've waded through the treacle it's easy enough to do. It's just the treacle part that's really laborious. Scf are definitely the ones to help...
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Many thanks for the replies everyone, I guess we'll try and purchase the croft as well!